'FIR must if cognisable offence is disclosed'

Mumbai, May 13: In a landmark order, Bombay High Court recently held that First Information Report (FIR) must be filed by a police officer whenever information received discloses a cognisable offence.

A division Bench consisting Justice Ranjana Desai and Justice Anoop Mohtta had also held that police may conduct preliminary inquiry whenever a cognisable offence is not disclosed by the information received, but all steps taken by concerned police officer while conducting such a preliminary inquiry must be recorded in the station diary.

However, the court has warned that, preliminary inquiry may be necessary in a given case and may not be held as a general rule and whether it is necessary or not would depend on facts and circumstances of each case.

The court, while deciding a writ petition filed by a businessman from Bhyander Shamsunder Agarwaal, has observed that before a public servant is publicly charged with acts of dishonesty which amounts to serious misdemeanor or misconduct and a FIR is lodged against him, there must be some suitable preliminary inquiry into the allegations, by a responsible officer.

The court has further held that, police officers cannot avoid their duties of registering a FIR, if cognizable offence is disclosed.

''Action will have to be taken against an erring officer who does not register the FIR if information received by him discloses cognizable offence,''the bench observed.

UNI